The Allison Island Security Guard Special Taxing District (the “Special Taxing District”),  was created pursuant to City Commission Resolution No. 89-19604, adopted on May 10, 1989, and Miami-Dade Ordinance No. 89-125, adopted on December 5, 1989, for the purpose of constructing a guardhouse and installing gates within City land at the entrance of the Special Taxing District.  The City Resolution approved 24 hours a day, seven days a week, 365 days a year, unarmed, uniformed, security guard service, with a duly licensed and bonded, State of Florida approved security guard service (the “Security Guard Services”).   

On November 8, 2016, the County Board adopted Ordinance No. 16-14, creating a new Section 18-3.1 in the Miami-Dade County Code, which provides, in part, that by joint resolutions of the Board of County Commissioners and the governing body of a municipality, the governing body of a municipality may be designated as the governing body of an existing Special Taxing District located entirely within its municipal boundaries. The transfer of control would be subject to a majority vote of the qualified electors residing in the Special Taxing District at an election called by and conducted as provided by the County Board.

Accordingly, on December 17, 2019, the voters approved the transfer of control of the Special Taxing District to the City. As a result of this vote, and pursuant to City Commission Resolution No. 2020-31145, adopted on January 15, 2020, the City and Miami-Dade County entered into an Interlocal Agreement memorializing the transfer of control of the Special Taxing District from the County to the City, thereby designating the City as the governing body of the Special Taxing District.

The boundaries of the Special Taxing District currently include fifty (50) homeowners and is located in a portion of Section 11, Township 53 South, Range 42 East, Miami-Dade County, Florida, being more particularly described as:

Lots 2 thru 52 of “Indian Creek Subdivision” according to the Plat thereof, as recorded in Plat Book 31, at Pag 75, of the Public Records of Miami-Dade County, Florida.

The City currently provides Security Guard Services to the Special Taxing District pursuant to a Professional Services Agreement, dated April 1, 2021, between the City and FPI Security Services, Inc.  The Special Taxing District had been experiencing a series of break-ins and other incidents.  Between June 17, 2023 and August 25, 2023, 41 of the 50 homeowners  located within the Special Taxing District voted yes, to authorize Allison Island Association, Inc. (the “HOA”) to take over the selection of the security company for the Special Taxing District and the increased expenditures for heightened security for the Special Taxing District.  .

To provide the level of service requested by the HOA, a special assessment to be applied to each residential unit and adopted in the FY 2023-2024 budget.  The adopted Fiscal Year 2023-2024 budget for the Special Taxing District, in the amount of $324,000.00, includes an allocation, in the amount of $275,000.00, for the hiring of a security services company (the “Security Services Contractor”). The remainder of the budget funds other components, including utilities and other maintenance services provided by the City.

At the September 27, 2023 City Commission meeting, the Mayor and City Commission considered an agenda item, entitled “Discuss and Take Action Regarding a Request from the Allison Island Association (“HOA”) to negotiate an Agreement between the HOA and the City, to permit the HOA to Select and Contract Directly with a Private Security Provider, and Authorize the City to reimburse the HOA with Special Assessment Revenue from the Allison Island Security Guard Special Taxing District” and the Mayor and City Commission authorized the City Attorney to negotiate an agreement with the HOA to provide for the security on a reimbursement basis. The Mayor and City Commission voted in favor of negotiating an agreement with the HOA to transfer responsibility of Security Guard Services from the City to the HOA.

The City and the HOA have negotiated a Memorandum of Understanding (the “MOU”), a draft copy of which is attached hereto, commencing on the date following the effective date of termination/removal of the Services from the FPI Agreement and expiring at the end of FY 2023-2024, September 30, 2024.  With the exception of the first annual term, which will be shorter, each annual term shall commence on October 1^st and expire on September 30^th, each a Fiscal Year.  The MOU may be renewed annually by agreement of the parties, based upon the approved budget for the applicable Fiscal Year for the Services under the Special Assessment District.  The MOU provides each party with the right to terminate the MOU for convenience, upon providing the other party with thirty (30) days notice.  The MOU further authorizes the City to front the first month of reimbursement, in an amount equal to 1/12^th of the total annual budgeted amount for the Security Guard Services for a given fiscal year (the “Initial Draw”). Thereafter, the HOA would pay for the Security Guard Services and then submit to the City Manager’s designee monthly reimbursement requests.

The Administration recommends the Mayor and City Commission approve, in substantial form, an MOU between the City and the HOA, authorizing the HOA to select and contract directly with a private security provider, and authorizing the City to reimburse the HOA from the Special Taxing District funds designated for Security Guard Services, as more particularly described in the MOU; and further authorize the City Manager to finalize and execute the MOU.